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It might, depending upon the exact circumstances of your case and your jurisdiction. USC's often are able to file for spouses who have overstayed or have no status in the US and are just fine. However to determine if this applies for your case, please see a competent immigration attorney in your area!

An individual who comes in with a visa and overstays is eligible to get permanent residence if applying as an immediate relative, such as the spouse of a U.S. citizen. Technically, the unauthorized employment could count as a negative discretionary factor but that would be incredibly unusual and unlikely.

As long has he has proof that he was admitted and inspected when he entered the U.S. (either stamp on passport or I-94 card); then his unlawful presence in the U.S. by virtue of his marriage to you his U.S. citizen spouse. If you need my office to file your petition, feel free to contact us and we will gladly assist you. Best of luck.

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